[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42805-42806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12122]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-428-829); (C-421-809); (C-412-821)


Rescission of Countervailing Duty Administrative Reviews: Low 
Enriched Uranium from Germany, the Netherlands, and the United Kingdom

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 5, 2006, the Department of Commerce (the Department) 
initiated administrative reviews of the countervailing duty (CVD) 
orders on low enriched uranium (LEU) from Germany, the Netherlands, and 
the United Kingdom (UK) for the period January 1, 2005, through 
December 31, 2005. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Deferral of Administrative Reviews, 71 
FR 17077 (April 5, 2006) (Initiation Notice). The Department is now 
rescinding the administrative reviews for the 2005 period of review 
(POR) because these CVD orders have been revoked subsequent to the 
initiation of these reviews. See Low Enriched Uranium from Germany, the 
Netherlands, and the United Kingdom: Final Results of Countervailing 
Duty Administrative Reviews and Revocation of Countervailing Duty 
Orders, 71 FR 38626 (July 7, 2006) (Revocation Notice).

EFFECTIVE DATE: July 28, 2006.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-2849.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2006, the Department published a notice of 
opportunity to request an administrative review of these CVD orders. 
See Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 71 FR 5239 
(February 1, 2006). On February 27, 2006, we received a timely request 
for review of Urenco Deutschland GmbH of Germany, Urenco Nederland B.V. 
of the Netherlands, Urenco (Capenhurst) Limited of the UK, Urenco Ltd., 
Urenco Inc., and Urenco Enrichment Company Ltd. (collectively, the 
Urenco Group), the producers and exporters of the subject merchandise, 
from the United States Enrichment

[[Page 42806]]

Corporation (USEC) and USEC Inc. On February 28, 2006, we received 
timely requests for review from the Urenco Group.
    On April 5, 2006, the Department initiated administrative reviews 
of the CVD orders on LEU from Germany, the Netherlands, and the UK for 
the POR January 1, 2005, through December 31, 2005 with respect to 
Urenco. See Initiation Notice.

Scope of the Orders

    The product covered by these orders is LEU. LEU is enriched uranium 
hexafluoride (UF6) with a U\235\ product assay of less than 
20 percent that has not been converted into another chemical form, such 
as UO2, or fabricated into nuclear fuel assemblies, 
regardless of the means by which the LEU is produced (including LEU 
produced through the down-blending of highly enriched uranium).
    Certain merchandise is outside the scope of these orders. 
Specifically, these orders do not cover enriched uranium hexafluoride 
with a U\235\ assay of 20 percent or greater, also known as highly 
enriched uranium. In addition, fabricated LEU is not covered by the 
scope of these orders. For purposes of these orders, fabricated uranium 
is defined as enriched uranium dioxide (UO2), whether or not 
contained in nuclear fuel rods or assemblies. Natural uranium 
concentrates (U3O8) with a U\235\ concentration 
of no greater than 0.711 percent and natural uranium concentrates 
converted into uranium hexafluoride with a U\235\ concentration of no 
greater than 0.711 percent are not covered by the scope of these 
orders.
    Also excluded from these orders is LEU owned by a foreign utility 
end-user and imported into the United States by or for such end-user 
solely for purposes of conversion by a U.S. fabricator into uranium 
dioxide (UO2) and/or fabrication into fuel assemblies so 
long as the uranium dioxide and/or fuel assemblies deemed to 
incorporate such imported LEU (i) remain in the possession and control 
of the U.S. fabricator, the foreign end-user, or their designed 
transporter(s) while in U.S. customs territory, and (ii) are re-
exported within eighteen (18) months of entry of the LEU for 
consumption by the end-user in a nuclear reactor outside the United 
States. Such entries must be accompanied by the certifications of the 
importer and end-user.
    The merchandise subject to these orders is currently classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheading 2844.20.0020. Subject merchandise may also enter under 
2844.20.0030, 2844.20.0050, and 2844.40.00. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Rescission of Countervailing Duty Administrative Reviews

    On July 7, 2006, the Department revoked the CVD orders on LEU from 
Germany, the Netherlands, and the UK. See Revocation Notice.
    Since the Department revoked the orders effective January 1, 2005, 
there is no basis for continuing the administrative reviews of these 
orders for the 2005 POR. Therefore, the Department hereby rescinds 
these administrative reviews of the CVD orders on LEU from Germany, the 
Netherlands, and the UK for the POR January 1, 2005, through December 
31, 2005.

Instructions to U.S. Customs and Border Protection

    Pursuant to sections 751(d)(2) and 751(d)(3) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.222, the Department has 
instructed U.S. Customs and Border Protection (CBP) to terminate the 
suspension of liquidation and to liquidate, without regard to 
countervailing duties, all unliquidated entries of LEU from Germany, 
the Netherlands, and the UK, entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2005, the effective date of the 
revocation of the orders. The Department has further instructed CBP to 
refund with interest any estimated duties collected with respect to 
unliquidated entries of LEU from Germany, the Netherlands, and the UK 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 2005, in accordance with section 778 of the Act.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with section 
777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: July 21, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-12122 Filed 7-28-06; 8:45 am]
BILLING CODE 3510-DS-S